HomeMy WebLinkAbout20063471.tiff HEARING CERTIFICATION
DOCKET NO. 2006-84
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #1282 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT,
INCLUDING LIVESTOCK CONFINEMENT OPERATIONS (11,240 HEAD OF CATTLE,
A DAIRY OPERATION, AND 20 HORSES - AMENDED TO INCLUDE AN ADDITIONAL
MILK PARLOR,OFFICE/SCALE HOUSE,AND ADDITIONAL PENS ASSOCIATED WITH
THE OPERATION,AND REMOVING THE LIMIT OF 2,000 DAIRY CATTLE OUT OF THE
11,240-HEAD TOTAL),IN THE A(AGRICULTURAL)ZONE DISTRICT-JOHN JOHNSON
A public hearing was conducted on December 20, 2006, at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Troy Swain
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certifythat pursuant to a notice dated December 1,2006,and duly published December 6,
2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of John
Johnson for a Site Specific Development Plan and Second Amended Use by Special Review
Permit(USR)#1282 for an Agricultural Service Establishment, including Livestock Confinement
Operations (11,240 head of cattle, a dairy operation, and 20 horses - amended to include an
additional milk parlor, office/scale house, and additional pens associated with the operation, and
removing the limit of 2,000 dairy cattle out of the 11,240-head total), in the A(Agricultural)Zone
District. Bruce Barker, County Attorney, made this a matter of record,and advised the applicant's
representative,Dusty McCormick,AGPROfessionals, LLC,that he has the option of continuing this
matter to a date when the full Board will be present. However,if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the
record and make the determining vote. Mr. McCormick indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site and surrounding land uses. Mr. Gathman stated
twelve referral agencies reviewed the proposal, and nine responded favorably, or provided
comments that have been addressed in the Conditions of Approval and Development Standards.
He stated Amended USR#1282 was approved in 2003,and although the applicant is requesting to
remove the limit of 2,000 dairy cattle from the permit,the overall number of cattle allowed on the site
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HEARING CERTIFICATION - JOHN JOHNSON (2ND AMUSR#1282)
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will remain at 11,240 head. He further stated the Second Amendment will also address an increase
in the number of employees from 19 up to 100, and extend the USR boundary 1,200 feet south to
contain feed storage, manure composting storage, cattle pens, and calf pens. Mr. Gathman
indicated the locations of three surrounding residences, and stated the Department of Planning
Services is requiring the submittal of a Landscaping/Screening Plan to mitigate impacts to
surrounding properties. He stated there is also a Condition of Approval requiring the submittal of a
Traffic and Circulation Plan to address increased traffic as a result of additional employees,and the
applicant will be required to complywith Confined Animal Feeding Operation(CAFO)Regulations.
Mr. Gathman displayed a map showing the previously approved site design, and stated the
additional parlor,ponds,and manure storage area were added after the amendment was approved
in 2003. He reviewed the locations of surrounding land uses,and reiterated the Second Amendment
proposes to add more pens,a feed storage area along the southern boundary line,and an additional
70-acre parcel containing calf pens and manure storage along the berm. Mr. Gathman stated the
property owner to the south was opposed to the proposal; however,that parcel is being purchased
by the applicant as a means of addressing the neighbor's concerns.
Troy Swain, Department of Public Health and Environment,stated the Conditions of Approval and
Development Standards contained in the Draft Resolution will address any Department of Public
Health and Environment concerns. He stated the applicant has applied fora CAFO Permit from the
Colorado Department of Public Health and Environment, to address surface water concerns.
He explained the CAFO Permit will allow the facility to discharge during a storm event that exceeds
the lagoon design, otherwise the water is required to be retained on the site. Responding further
to Chair Geile,Mr.Swain stated the retention pond will handle runoff or drainage from the parlor and
storm events.
Donald Carroll, Department of Public Works, stated all of his comments are addressed in the
Conditions of Approval and Development Standards. He stated Weld County Road 47 is classified
as a major arterial, therefore, staff is trying to reserve the necessary right-of-way and ensure the
new milk parlor is not within the future right-of-way. He further stated Weld County Road 74 is
classified as a strategic roadway that carries a lot of traffic. Mr. Carroll stated the average daily
traffic count on Weld County Road 47, between Weld County Roads 72 and 74, is between 150
and 160 vehicles,and Weld County Road 74 averages 1,300 vehicles per day. He stated parking
and staging of semi-trucks and large equipment will be required to be kept off of Weld County
Road 47,and the redesign will also provide better parking for facility employees. He further stated
dust abatement will be required,and there are eleven accesses from the facility onto Weld County
Road 47 which staff would like to have reduced. Responding to Commissioner Jerke, Mr. Carroll
stated Weld County Roads 47 and 74 require 70 feet of right-of-way from the centerline, with an
additional setback of 20 feet for structures in the A (Agricultural) Zone District, and staff has
requested those distances be shown on the plat. In response to Commissioner Masden, Mr.Carroll
stated staff will work with the applicant to determine an appropriate number of accesses.
Mr. McCormick stated he has discussed the environmental issues with the Department of Public
Health and Environment. He displayed an overhead showing current conditions at the site, and
stated the applicant intends to relocate the scale house to keep trucks from staging on the road.
He stated they also want to close the access nearest to the intersection,and they are willing to work
with staff regarding a reduced number of accesses. Mr. McCormick stated the applicant is
attempting to increase the efficiency of the facility, and he also leases other dairy facilities.
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He stated the facility is approved for 11,240 head of cattle and 20 horses,and the amendment will
not increase the number of animal units;however,the applicant does intend to keep more milk cows
on the subject site and relocate the feeders to another site. Mr. Carroll stated he would like to meet
with the applicant at the site,determine how the accesses are used,and streamline the number of
accesses accordingly.
Responding to Chair Geile, Mr. McCormick stated he and the applicant have reviewed and concur
with the Conditions of Approval and Development Standards; however, he proposed several
amendments. He stated Condition of Approval#1.C requires landscaping to the south to mitigate
impacts to a surrounding property owner;however,the applicant has signed a Contract of Intent to
Purchase; therefore, landscaping is no longer necessary. He further stated Conditions of
Approval #1.F and #1.G address Improvements Agreements; however, the applicant already
provides dust suppressant on a voluntary basis, and a formal agreement and collateral are not
necessary. Mr. McCormick stated Condition of Approval#1.M.6 requires a Landscape/Screening
Plan, which is not necessary, and he requested Condition of Approval #2 be modified to
allow 180 days to finalize the plat. He also requested an early release of building permits,which will
allow the applicant to take advantage of good weather and commence with the buildings.
Responding to Chair Geile, Mr. McCormick stated he has discussed the proposed changes with
staff. In response to Commissioner Vaad,Mr.Gathman stated he would be agreeable to allowing 90
to 180 days to complete the plat. Mr. McCormick explained the applicant would like to move forward
on the building permits because the construction of the milk parlor will take approximately six(6)
months. He stated the heifers are due to calf in earlyJune 2007,and the applicant would like to be
able to milk them in the new parlor rather than at a different location. In response to Commissioner
Vaad, Mr. Barker stated an early release of building permits is at the applicant's risk and there is a
sign-off acknowledging that risk. He recommended the Board follow the normal procedure for an
early release,rather than granting the request during a land use hearing. Mr.McCormick stated 180
days will provide adequate time to gain approval from various State agencies and to complete the
Conditions of Approval for the Weld County Department of Public Health and Environment.
Commissioner Vaad commented the Weld County roads adjacent to the site are strategic
roadways. He stated the eleven accesses are not harming anything at this time; however,
increased use of the roads in the future may require a reduction in the number of accesses and a
redesign of the site.
Debbie Warehime,surrounding property owner,stated she lives south of the subject site on Weld
County Road 72, and her property is located downwind and downstream of the dairy. She stated
she has lived in the area for20 years,and although she was originallya supporter of the facility,the
expansion of the dairy has created increased impacts. Ms. Warehime stated in June 2005, a
discharge occurred and her complaint resulted in a notice of violation and a Cease and Desist
Order; however, not all those conditions have been met. She stated she makes a living on her
property, and the products of the dairy are harmful to her horses. She further stated residents on
Weld County Road 72 are adversely impacted by the composting operation, and a substantial
rainstorm will result in a discharge onto properties to the south. Ms.Warehime requested the Board
consider the interests of the surrounding property owners rather than the interest of one business
owner. She stated many of the opponents were unable or unwilling to attend this hearing due to
blizzard conditions,and she requested the matter be continued to a later date when additional public
can attend. She also expressed concern with the applicant's commencement with construction of
the dairy parlor prior to this hearing or granting of building permits. She stated the applicant should
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be in compliance with existing conditions before granting additional uses at the site. She requested
the landscaping and berms be required to protect runoff from the compost area, and stated her
primary concern is that the request will be approved and then the applicant will not comply. There
being no further testimony, Chair Geile closed public testimony.
Thomas Haren,AGPROfessionals, LLC, represented the applicant and stated the discharge was
not from the lagoons, but rather the event was caused by storm runoff that crossed through the
compost area. He stated the Cease and Desist Order has been resolved and inspected by the
State, and after further inspection, a violation was not issued because the problem was resolved.
Mr. Haren stated the applicant is willing to put up a fence,and he explained the accesses could be
gated and only opened for cleaning or maintenance of the pens. He stated composting is a very
effective process for controlling flies and odor,and the facility has a contract with A-1 Organics to
remove all of the compost. He further stated there were three members of the public that spoke in
opposition at the Planning Commission hearing,and two were related to the property to the south
that is being purchased. Mr. Haren explained the site was inspected byJill Boshinski, Department
of Building Inspection, who stated there was nothing to inspect because the applicant was just
removing pens and taking out fencing. He stated the amendment will allow the same number of
cows,with the likelihood for more truck traffic and road maintenance. He stated the applicant will
do the maintenance voluntarily and is requesting a waiver of the requirement for an improvements
agreement,which requires bonding and financial assurances. He further stated the applicant also
owns 400 acres in close proximity to the subject site.
In response to Chair Geile, Mr. Haren stated approval of this permit will result in further CAFO
restrictions through the State. Mr. Swain stated he contacted the Colorado Department of Public
Health and Environment,and he received an E-mail response indicating that although the case has
not been closed,the applicant has complied with the Order since he applied fora Discharge Permit.
Responding to Chair Geile,Mr.Swain stated Condition of Approval#1.1 deals with groundwater,and
Development Standard#12 addresses the Notice of Violation/Cease and Desist Order/Clean-up
Order. Responding further to Chair Geile, Mr. Haren stated the compost area will be restricted to
the area north of the berm, as shown on the plat, and the Walker property is located southwest of
the USR boundary. In response to Commissioner Masden, Mr. Haren stated not all of the area is
currently being used,and future expansion will be difficult because the site must be able to drain to
the lagoons. In response to Chair Geile, Mr.Gathman stated he received a call from a surrounding
property owner indicating the applicant was doing work on the site. As a result,a Building Inspector
visited the site and reported the installation of a water line for the North Weld County Water District,
as well as a trench for the foundation of the milk parlor. He stated the Department of Building
Inspection determined the applicant is in compliance if no foundation is poured. Mr. Haren stated
he and the applicant have reviewed,and concur with,the Conditions of Approval and Development
Standards, as proposed and modified.
Mr.Carroll stated bonding is not required for dust abatement maintenance,and Mr.Barker agreed.
In response to Commissioner Vaad, Mr.Carroll stated controlling the accesses with a fence or gate,
versus cutting off accesses,is a temporary solution. He further stated future expansion of the road
may result in complete elimination of some of the accesses. Commissioner Vaad stated the
testimony and comments addressed his concerns regarding Condition of Approval#1.E, and the
Department of Public Works should provide written evidence for the file regarding a decision on the
number of allowed accesses. Commissioner Jerke suggested using the paving of Weld County
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Road 47 as a trigger point to reduce accesses. Responding to Commissioner Masden, Mr.Carroll
stated the current average daily traffic count is between 150 and 160 vehicles.
Chair Geile commented the applicant has requested a waiver of landscaping requirements due to
the purchase of the property to the south which will serve as a buffer. He stated if staff and the
applicant cannot come to an agreement on what is sufficient screening and buffering, then the
matter can be brought before the Board. In response to Commissioner Jerke,Mr.Gathman stated
landscaping is typically required for dairies. He referred to the Dehaan Dairy,which is located at
the intersection of Weld County Roads 16 and 19, and stated staff will require similar landscaping
and buffering. Mr.Barker suggested leaving the landscaping and screening to the discretion of staff,
and if there are concerns,the matter can be brought back before the Board. Commissioner Vaad
stated the applicant has purchased the property to the south to create a buffer, and the Board
concurred that landscaping the berm will also mitigate some of the impacts. Chair Geile
commented he would prefer that Conditions of Approval #1.F and #1.G remain because the
applicant may not be able,or willing,to provide road maintenance in the future. Mr. Carroll stated
there are dust agreements in place with most of the heavy haulers in the area, and the written
agreement can include a provision that allows the applicant to continue providing maintenance as
long as he is willing. Commissioner Vaad stated the dairy operations will be damaged if the animals
are in poor health,therefore, it is to their benefit to continue with no additional cost beyond what is
already being done. Chair Geile commented Conditions of Approval#1.F and#1.G are standard
requirements and should be maintained, and the Board concurred. Mr. Barker stated the first
sentence of Condition of Approval#1.E should be modified to state,"The applicant shall work with
the Weld County Department of Public Works to minimize accesses that are not crucial to the
operation, including a plan to reduce the number of accesses to a safe number upon the paving of
Weld County Road 47." The Board also indicated agreement with allowing 180 days to record the
plat. Mr. Gathman stated landscaping will not be allowed on the berm because roots can cause
structural problems.
Commissioner Vaad moved to approve the request of John Johnson for a Site Specific
Development Plan and Second Amended Use by Special Review Permit#1282 for an Agricultural
Service Establishment,including Livestock Confinement Operations(11,240 head of cattle,a dairy
operation, and 20 horses-amended to include an additional milk parlor, office/scale house, and
additional pens associated with the operation,and removing the lim it of 2,000 dairy cattle out of the
11,240-head total), in the A (Agricultural) Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included modifying the first sentence of Condition
of Approval #1.E as proposed by Mr. Barker, and amending Condition #2 to allow 180 days for
submittal of the plat. The motion was seconded by Commissioner Jerke, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:20 a.m.
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HEARING CERTIFICATION - JOHN JOHNSON (2ND AMUSR#1282)
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This Certification was approved on the 27th day of December 2006.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: finej,
. J. Geile, Chair
Weld County Clerk to theP . '`" t
XCUSED
A 1C-; ,a 'y 'avid E. Long, Pro-Tem
BY:
Deputy • -rk to the Boar. :' 'L- ( ]��.✓
Willi H Jerke
TAPE #2006-44
Robert Masden4
DOCKET#2006-84
Glenn Vaad
2006-3471
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EXHIBIT INVENTORY CONTROL SHEET
Case 2ND AMUSR#1282 - JOHN JOHNSON
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/05/2006)
D. Clerk to the Board Notice of Hearing
E. Colette Pitcher Letter of Opposition, dated 12/05/2006
F. Planning Staff Referral response from Extension, dated
11/29/2006
G. Planning Staff Letter from Beatty and Wozniak, P.C., dated
12/01/2006
H. Planning Staff Certification and Photo of sign posting,
dated 12/15/2006
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